Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 357-04-045 Which part-time or temporary employees of higher education employers are exempt from civil service rules?

     Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 6, 2010, at 1:30 p.m.

     Date of Intended Adoption: May 6, 2010.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by May 1, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by May 1, 2010, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On December 7, 2009, a special meeting was held before the Washington personnel resources board. The purpose of the meeting was to allow parties to present testimony regarding a request submitted by public school employees of Washington (PSE) to modify WAC 357-04-045.

     By memorandum dated December 17, 2009, the board denied the request and directed department of personnel staff to draft a new rule modification to address how the three hundred fifty hours referenced in WAC 357-04-045 should be counted.

     The proposed rule change sets forth how the three hundred fifty hours and the one thousand fifty hours referenced in WAC 357-04-045 should be counted.

     Statutory Authority for Adoption: RCW 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; Implementation and Enforcement: Department of personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

March 22, 2010

Eva N. Santos

Director

OTS-2718.2

AMENDATORY SECTION(Amending WSR 04-15-016, filed 7/8/04, effective 7/1/05)

WAC 357-04-045   Which part-time or temporary employees of higher education employers are exempt from civil service rules?   Persons employed to work one thousand fifty hours or less (((1050 hours or less))) in ((any)) a twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from civil service rules.

     Employees who are either exempt under this subsection or exceptions authorized under WAC 357-19-440, and who work more than three hundred fifty (((350))) hours in ((any)) a twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the ((three-hundred)) three hundred fifty (((350))) hours. For purposes of counting the three hundred fifty hours, the twelve-month period will begin on the employee's original date of hire or January 1, 2004, whichever is later. The next twelve-month period will repeat accordingly. For example:

     The employee's original date of hire is June 1, 2009. The twelve-month period would be June 1, 2009, through May 31, 2010. The next twelve-month period would be June 1, 2010, through May 31, 2011. This pattern will continue.

     Once the employee works at least three hundred fifty hours in a job classification in the collective bargaining unit the employee remains in that collective bargaining unit until the end of the first twelve-month period (as described in this section) in which the employee does not work at least three hundred fifty hours in a job classification that is in the collective bargaining unit. An employee who has not worked sufficient hours in a bargaining unit job classification to remain in the bargaining unit, is excluded from the bargaining unit until the employee again works at least three hundred fifty hours in a bargaining unit job classification in a twelve-month period (as described in this section).

     Temporary appointment under the provisions of this section may be subject to remedial action in accordance with WAC 357-19-450, if the number of hours worked exceeds one thousand fifty hours (((1050 hours))) in ((any)) a twelve (((12))) consecutive month period from the original date of hire or October 1, 1989, whichever is later. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty (((1050))) hours. For purposes of counting the one thousand fifty hours, the twelve-month period will begin on the employee's original date of hire or October 1, 1989, whichever is later. The next twelve-month period will repeat accordingly. For example:

     The employee's original date of hire is June 1, 2009. The twelve-month period would be June 1, 2009, through May 31, 2010. The next twelve-month period would be June 1, 2010, through May 31, 2011. This pattern will continue.

[Statutory Authority: Chapter 41.06 RCW. 04-15-016, § 357-04-045, filed 7/8/04, effective 7/1/05.]

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